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COMMONWEALTHAct
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s 110XE

Operation and implementation of the decision under review

In force
Division 5Modification of Administrative Appeals Tribunal Act in relation to AAT review

110XE Operation and implementation of the decision under review

(1)

The Administrative Appeals Tribunal Act 1975 (the AAT Act) applies to an application under subsection 103VA(1) of this Act for review of a decision as if references in subsection 41(4) of the AAT Act to the person who made the decision were references to each party to the review by the SSAT.

(2)

The AAT Act applies to an application under subsection 103VA(1) of this Act for review of a decision as if references in section 41 of the AAT Act to the decision to which the relevant proceeding relates were references to:

(a)

if the SSAT affirmed the decision (the original decision) that was reviewed by the SSAT—the original decision; or

(b)

if the SSAT varied the original decision:

(i)

the original decision as varied by the SSAT; and

(ii)

the original decision; or

(c)

if the SSAT set aside the original decision and substituted a new decision:

(i)

the new decision; and

(ii)

the original decision; or

(d)

if the SSAT set aside the original decision and sent the matter back to the Registrar for reconsideration in accordance with any directions or recommendations of the SSAT:

(i)

any decision made as a result of that reconsideration; and

(ii)

the original decision.

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